Neighborhood Preservation & Enhancement Workshop ~ Workshop Overview~ Discuss a range of possible tools and initiatives to enhance City’s ability to preserve and enhance neighborhoods and address neglected property. Today’s main topics:  Adding property maintenance/conservation provisions to S.M.C.  Strengthening the code enforcement process  Ability to address problems in backyards  Vacant property registration 1

Neighborhood Preservation & Enhancement Workshop ~ Other Possible Options & Initiatives ~  Coordinated multi-departmental and geographically targeted code enforcement initiatives.  Targeted CIP Investments  More resources directed to housing rehabilitation, including more of City’s CDBG funds.  Enhanced right-of-way and public property maintenance. 2

Neighborhood Preservation & Enhancement Workshop ~ Other Possible Options & Initiatives ~  Vehicles in the public right-of-way.  Additional use of volunteers – e.g., for weeds  Greater enforcement of building code violations.  Greater fire code enforcement (e.g., defensible space, storage of flammable materials). 3

Neighborhood Preservation & Enhancement Workshop ~ Property Maintenance Code ~ The City’s code enforcement staff work primarily with:  Title 20 (Zoning and Land Use);  Title 7.16 (Health and Welfare – Nuisances);  To a limited degree, with Title 5 (Business Licenses, Taxes and Regulations) and Title (Sidewalk Construction and Repair) 4

Neighborhood Preservation & Enhancement Workshop ~ Property Maintenance Code ~ The City receives many complaints about the condition of properties that do not constitute violations of City codes. Common “un-actionable” complaints include:  Landscaping  Vehicle storage  Condition and appearance of structures 5

Neighborhood Preservation & Enhancement Workshop 6 Lack of front yard landscaping

Neighborhood Preservation & Enhancement Workshop 7 Vehicle storage in a side yard

Neighborhood Preservation & Enhancement Workshop 8 Boarded-up windows

Neighborhood Preservation & Enhancement Workshop 9 Unfinished front façade

Neighborhood Preservation & Enhancement Workshop 10 Partial foundation for a structure

Neighborhood Preservation & Enhancement Workshop ~ Property Maintenance Code ~ Many jurisdictions have adopted “property conservation” or “property maintenance” codes that obligate property owners to meet certain maintenance standards. Options are varied and range from:  Wholesale adoption of the model International Property Maintenance code (e.g., Henderson, San Jose)  Custom property maintenance code (e.g., Sacramento & Redding, CA)  Adding selected property maintenance requirements to the S.M.C. to address the most common concerns and complaints. 11

Neighborhood Preservation & Enhancement Workshop ~ Property Maintenance Code: Things to Consider ~  City code enforcement officers would gain ability to address additional complaints and problems.  Adding property maintenance requirements means that conditions that are not currently a code violation would become code violations.  Need community buy-in.  Allowance for hardship cases (i.e., lack of financial capacity to correct violations)? 12

Neighborhood Preservation & Enhancement Workshop ~ Property Maintenance Code: Things to Consider ~  Differentiate between owner-occupied, vacant and rental properties?  More “actionable” code complaints and violations would necessitate more code enforcement resources to respond effectively 13

Neighborhood Preservation & Enhancement Workshop ~ Strengthening the Code Enforcement Process ~ The code enforcement process:  Complaint investigated to determine if a violation exists.  Identify and contact property owner (phone, in person, by letter) to explain violations and provide timeframe to correct. Second and third letters may follow.  Violation notices are sometimes posted at the property.  A high percentage of property owners respond by correcting the code violations.  Certain cases absorb disproportionate staff resources. Last few years many such cases involve vacant homes or those in foreclosure process. 14

Neighborhood Preservation & Enhancement Workshop 15 Violation Notice sticker

Neighborhood Preservation & Enhancement Workshop ~ Strengthening the Code Enforcement Process ~ Options when owner fails to correct violation:  File a criminal complaint.  Directly abate the problem and lien the property for the associated costs. This applies only in those instances where the violation poses a threat to the public (e.g., a vacant and dangerous unsecured building). 16

Neighborhood Preservation & Enhancement Workshop ~ Strengthening the Code Enforcement Process ~ Permitting code enforcement officers to issue citations:  To increase property owner compliance and code enforcement officers’ efficiency.  Criminal versus civil citations  Need an appeal mechanism such as a hearing officer or hearing board before judicial review  Impacts City prosecutors and Municipal Court.

Neighborhood Preservation & Enhancement Workshop ~ Backyards ~  Currently, City’s code enforcement officers do not address complaints regarding out-of public view conditions (e.g., trash and debris) in the backyards of properties.  Fourth Amendment considerations  Doing more to address backyard concerns likely requires cooperation of other agencies such as District Health and more aggressive enforcement of building and fire codes. 18

Neighborhood Preservation & Enhancement Workshop ~ Vacant Property Registration ~  Intent of these programs is to address problems with properties, primarily single family homes, caught up in loan defaults and foreclosure processes.  Neighborhoods suffer from the extended presence of neglected, increasingly unattractive properties that detract from their neighbors or are outright nuisances. 19

Neighborhood Preservation & Enhancement Workshop ~ Vacant Property Registration ~ Some communities, including Las Vegas, have adopted ordinances that:  Require mortgagees – upon issuance of a notice of default – to register the property with local government.  Require the mortgagee to pay a registration fee.  Makes the mortgagee responsible for regularly inspecting and maintaining the property until it is no longer vacant. 20

Neighborhood Preservation & Enhancement Workshop ~ Vacant Property Registration ~ Considerations  Program design and ordinance adoption  Self-administer or contract administration out  Pending court challenges  Mortgagee techniques to avoid responsibility for vacant properties 21